KONDAKALA CHANDRAIAH Vs. PYATA SUDARSHNAM

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India was directed against the order dated 18.06.2020 made in I.A.No.63 of 2020 in O.S.No.64 of 2019 on the file of the Court of the Junior Civil Judge, Narsapur, Medak District, wherein and whereby the trial Court allowed the said I.A. filed by the respondents / defendants for appointment of an Advocate Commissioner.

(2.) Petitioner herein filed the suit against the respondents for perpetual injunction claiming that he is the absolute owner and possessor of agricultural land bearing Sy.No.93/AA1E, admeasuring Ac.2-00 guntas, in Sy.No.93/AA1EE, admeasuring Ac.0-20 guntas total admeasuring Ac.2-20 guntas, situated at Nathnaipally village, Narsapur Mandal, Medak District. He claims that he purchased agricultural land bearing Sy.No.93/AA1E, admeasuring Ac.2-00 guntas from his vendor by name Amdoor Yadhagiri and 2 other and that the land in Sy.No.93/AA1EE, admeasuring Ac.0-20 guntas is his ancestors property. It is his case that the respondents herein, having no right or any title or interest over the suit schedule property, are trying to interfere with his peaceful possession and enjoyment over the suit schedule property. Hence they filed the suit for perpetual injunction.

(3.) While the suit is pending, the respondents herein who are defendants in the suit filed I.A.No.63 of 2020 under Order XXVI Rule 9 r/w Section 151 CPC seeking appointment of an Advocate Commissioner to inspect the damaged existing road, to note down physical features of the same, to determine from which survey numbers the said road is passing, to determine the boundaries of the suit survey number, to determine in which survey number the plaintiff is having possession and to determine the location of Sy.No.93 with the assistance of a qualified Mandal Surveyor.